HomeMy WebLinkAbout05671ORDINANCE NO. 5671 AN ORDINANCE APPROVING A LICENSE AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND THE UNITED STATES OF AMERICA FOR THE AUTOMATED SURFACE OBSERVING SYSTEM AT PUEBLO MEMORIAL AIRPORT, AND AUTHORIZING THE PRESIDENT OF THE COUNCIL TO EXECUTE SAME, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, THAT: SECTION 1: A certain License Agreement (NOAA License Number COAS91 -066) dated February 18, 1991, a copy of which is attached hereto and made a part hereof by reference, after having been approved as to form by the City Attorney, by and between Pueblo, a Municipal Corporation, and the United States of America, relating to the use of land for the Automated Surface Observing System at Pueblo Memorial Airport to the United States Department of Commerce, National Oceanic and Atmospheric Administration, without cost, be and the same is hereby approved. gFrT'TnN ? . The President of the Council is hereby authorized to execute said License Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest the same. CFr MTnM 'I. This Ordinance shall become effective immediately upon final approval. ATTEST: Ci y Clerk INTRODUCED March 25, 1991 BY HOWARD WHIT ,O -K Council Person APPRO P e ident of the Council U.S. Department of Commerce National Oceanic and Atmospheric Administration LICENSE FOR USE OF REAL PROPERTY NOAA License Number COAS91 -066 February 18, 1991 Grantor: City of Pueblo 31475 Bryan Circle, Pueblo, CO 81001 WITNESSETH: That, in consideration of the benefits to the GRANTOR and to the UNITED STATES OF AMERICA, hereinafter referred to as the GOVERNMENT, and of the covenants and agreements to be kept and performed by the GOVERNMENT, the GRANTOR does by these presents hereby grant, at no cost, a license for the use of the premises, services, and facilities hereinafter described or other mutually acceptable locations for the installation, operation, maintenance, repair, replacement, and removal of Automated Surface Observing System (ASOS) equipment including, but not limited to: field sensor group(s), acquisition control unit (ACU), communications and peripheral equipment, antenna(s), and connecting signal and power cables. GRANTOR will provide electrical power for operation of the following GOVERNMENT -OWNED equipment: field sensor group. It is covenanted and agreed that the GOVERNMENT, or the GOVERNMENT'S contractor, shall have ready and convenient access to the premises at all times, subject to the security and safety rules of the GRANTOR, and that the GOVERNMENT reserves the right to make such alterations, additions, and improvements to the ASOS as may be necessary for proper ASOS operation. It is further covenanted and agreed that all structures, fixtures, or equipment placed by the GOVERNMENT on said premises under this license, or any previous license or permit, shall be and remain the exclusive property of the GOVERNMENT, notwithstanding the same may be attached to the realty so as to become a part thereof; and that the GOVERNMENT shall have the right to remove all structures, fixtures, and equipment so erected or placed on said premises. If at any time before the expiration of this license the GRANTOR desires to change the location of the sites furnished to the GOVERNMENT pursuant to this license, or the GRANTOR changes or modifies its facilities (runways or other areas), or allows others to change or modify such facilities in such a manner so as to adversely effect or render useless the GOVERNMENT'S equipment, facilities, and /or related power, control or signal lines, any cost for repair or for removal of said equipment, facilities, and /or related power, control, or signal lines to another site acceptable to the GOVERNMENT shall be at the expense of the GRANTOR. If at any time prior to the expiration of this license the GOVERNMENT desires to change the location of the site furnished to it by the GRANTOR, all costs related to moving the equipment, facilities, and /or related power, control, or signal lines shall be borne by the GOVERNMENT. The terms and conditions of this license and the conditions herein shall bind the GOVERNMENT, the GRANTOR, and the GRANTOR'S heirs, executors, administrators, successors, and assigns. To the extent authorized by the Federal Tort Claims Act, 28 U.S.C. Sec. 2671 et seq., the GOVERNMENT assumes full control and sole responsibility for its equipment, personnel and activities incident to this license. The premises, services, and facilities to be provided by the GRANTOR pursuant to this license are described in the ASOS SITE SURVEY REPORT for the following which is incorporated herein by reference: PUEBLO MEMORIAL AIRPORT, PUEBLO, CO (PUB) Rev. # 2 Dated: 05/31/90 This license is effective beginning 11/15/90 for a period of 15 years unless terminated earlier by mutual agreement. IN WITNESS WHEREOF, this license is executed as of the dates indicated. City of Pueblo By: Printed Name: Michael Occhiato Title: President of the City Council Date: March 25, 1991 THE UNITED STATES OF AMERICA U.S. Dept. rce, NO Y: Contracting Officer Special Engineering Program Office Central Administrative Support Center Date • ASOS W/P 9/90 �S D ED -FA� D City of Pueblo was rated No. i for quality of life by University of Kentucky researche a three -year study released in March, 1988. RAYMOND H. MONROE Director of Aviation 31475 Bryan Circle Pueblo, Colorado 81001 719. 948 -3355 719. 948 - 33161 JULY 3,1991 MEMORANDUM TO: CITY CLERK SUBJECT: RESOLUTION NO. 5671 ATTACHED IS THE ORIGINAL LICENSE FOR USE OF REAL PROPERTY WHICH HAS BEEN EXECUTED BY OFFICIALS OF THE U.S. DEPARTMENT OF COMMERCE; AND WHICH SHOULD BE ATTACHED TO RESOLUTION NO. 5671. THIS LICE14SE REPLACES THE PREVIOUSLY EXECUTED LICENSE APPROVED BY RESOLUTION NO. 5621. THE U.S. DEPARTMENT OF COMMERCE WOULD LIKE TO HAVE THE FIRST LICENSE RETURNED; AT YOUR CONVENIENCE WOULD YOU PLEASE RETURN THE FIRST LICENSE TO ME? THANK YOU. RHMa c' `RAYMOND H. MONROE DIRECTOR OF AVIATIOi�